Remedial Notice - 19/00744/HIGHHS

Important - This communication affects your property

Anti Social Behaviour Act 2003 under section 69

Remedial Notice - 19/00744/HIGHHS

Served by: North Northamptonshire Council

To: 20 Fern Road, Rushden, NN10 6AU

1. This notice

This Notice is issued by the Council under section 69 of the Anti-social Behaviour Act 2003 pursuant to a complaint about a high hedge (“the Hedge”) situated at 20 Fern Road, Rushden, Northamptonshire NN10 6AU (“the Land”). The Council has decided that the hedge in question is adversely affecting the reasonable enjoyment of the property at 16 Fern Road, Rushden, Northamptonshire NN10 6AU (“the Complainant’s Land”) and that action should be taken in relation to the hedge with a view to remedying the adverse effect and preventing its recurrence.

2. Land to which this notice relates

The hedge (H1) located in the rear garden at the Land on the Northern boundary and marked green on the plan.

The hedge comprises of a line of predominantly evergreen or semi-evergreen trees that are approximately 12 meters in height and have an effective length of 20m along the boundary of 20 Fern Road, affecting 16 Fern Road. The hedge affects the strip of land of 18 Fern Road, which is owned by 17 Fern Road, but is not used and not inhabited.

3. What action must be taken in relation to the hedge

3.1 Initial action height for the hedge

The Council requires the following steps to be taken in relation to the hedge before the end of the period specified in paragraph 4 below:

(a) reduce the hedge to a height not exceeding 4 metres above ground level, to allow for some annual regrowth and pruning to establish a defined crown shape.

3.2 Preventative action height for the hedge

Following the end of the period specified in paragraph 4 below, the Council requires the following steps to be taken in relation to the hedge:

(c) maintain the hedge so that at no time does it exceed a height of 4.5 metres above ground level.

Informative

It is recommended that the hedge is cut back annually to a height of 4 metres. This allows room for the hedge to re-grow between annual trimmings and still not exceed a height of 4.5 metres.

As set out above, the hedge should be reduced in stages. Please contact the Council to discuss and agree a suitable timetable for these works.

All works should be carried out in accordance with good arboricultural practice/BS 3998: 'Recommendations for Tree Work'.

It is recommended that skilled contractors are employed to carry out this specialist work. For a list of approved contractors to carry out works on trees and hedges, see the Arboricultural Association's website.

In taking the action specified in this Notice, special care should be taken not to disturb wild animals that are protected by the Wildlife and Countryside Act 1981. This includes birds and bats that nest or roost in trees.

4. Time for compliance

The initial action step (a) specified in paragraph 3 above is to be complied with in full within 28 days of the date specified in paragraph 5 of this notice.

5. When this notice takes effect

This Notice takes effect on 11th October 2019.

6. Failure to comply with this notice

Under sections 75 and 77 of the Act, failure by any person who, at the relevant time, is an owner or occupier of any land where the length of hedge specified in paragraph 2 above is situated:

  1. to take the action in accordance with step (a) specified in paragraph 3.1 above within the period for compliance specified in paragraph 4; or

  2. to take the preventative action in accordance with step (b) specified in paragraph

  3. 1 above by any time stated there; may result in prosecution in the Magistrates Court with a fine of up to £1,000, and the court could issue an order for compliance within a specified time. Failure to comply following conviction for such an offence would be a further offence and may result in a further prosecution, again with a fine of up to £1,000 and a daily fine for every day the work has not been done. The Council also has power, in these circumstances, to enter the land where the hedge is situated and carry out the specified works. The Council may use these powers whether or not a prosecution is brought. The costs of such works will be recovered from the owner or occupier of the land.

Dated: 6 September 2019

Signed: 

On behalf of:

North Northamptonshire Council
Thrapston Office
Cedar Drive
Thrapston
Northamptonshire
NN14 4LZ

Telephone: 0300 126 3000
Email: [email protected]

Annex

Your right to appeal

The complainant and everyone who is an owner or occupier of the land where the hedge is situated can appeal to the Planning Inspectorate against the issue of the remedial notice. Further information is available online at GOV.UK 

Appealing against the Council's decision

An appeal must be submitted to the Planning Inspectorate, on their official form, within 28 days from the date of the notice. The form is available on GOV.UK or from: Environment Appeals Room 3A Eagle Wing Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN.

Email: [email protected]

An appeal can be made on any one or more of the following grounds:

  • that the action specified in the remedial notice falls short of what is needed to remedy the adverse effect of the hedge or to prevent it recurring;
  • that, contrary to the decision of the Council, the hedge in question is not adversely affecting the complainant's reasonable enjoyment of their property;
  • that the action specified in the remedial notice exceeds what is reasonably necessary or appropriate to remedy the adverse effect of the hedge or to prevent it recurring;
  • that not enough time has been allowed to carry out the works set out in the notice.

The remedial notice will be suspended while any appeal is being determined.

Last updated 31 July 2023